Dimensiunea principiului subsidiarităţii in dreptul internaţional al drepturilor omului

Abstract

The definition of the principle of subsidiarity results in the development of two interdependent meanings. In the negative sense, the subsidiarity requires larger social units, such as the state, to refrain from any action that could restrict, de facto, the existential space of the smaller core bodies of the society. The initiative, freedom and responsibility of these subjects must not be taken away. In a positive sense, the subsidiarity can be understood as economic, institutional or legal assistance to smaller social units. In addition, subsidiarity can be seen as the principle which refers not only to decision-making process, but also to their practical implementation. The subsidiarity may be invoked whenever a community is unable to achieve the common good itself. If a political community is capable of being complete, fully satisfying the individual needs and the common wellness, then it does not need any subsidies or any greater human association. Such a „perfect” community may perhaps only exist as an ethical ideal and not as an empirical or legal reality.